structured settlements

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The claimant

Workers' Compensation Claims (post-August 1997)

These claims can take advantage of the traditional structured settlement with a Qualified Assignment, which has increased benefits for both claimant and employer/insurer.

The claimant:

* Receives a guaranteed tax-free income stream
* Avoids the risk of an individual, self-insured company not meeting its obligation due to financial problems because the obligation/risk is transferred to a financially strong life insurance company










The employer/insurer:


* Eliminates legal obligations through a Qualified Assignment under I.R.C. Section 130(c)
* Removes the liability from their books and releases reserves
* Closes the gap in expectations with the claimant for a more timely settlement

Attorneys' Fees – Prevent Your Legal Fees From Shrinking

Click here for IRS guidelines regarding attorney’s’ fees

If you like the idea of an uncapped 401(k) plan, think about deferring your fees for tax advantages and savings. You can structure your fees in physical injury cases and now in taxable settlements too, whether or not the plaintiff takes a structure. And even though your fees are deferred, the defendant is able to deduct the entire amount in year of settlement. Payments are made directly to the attorney.

Employment Cases – ALERT – Click here to see positive developments regarding employment cases
Avoid wasted time and extra expense; tax breaks for the plaintiff make reasonable offers more apt to be accepted. Settlements are more quickly achieved when there are advantages for both parties. The highest real benefit per settlement dollar provides savings to the defendant (an amount paid at settlement can grow over time) while producing more benefits for the plaintiff (through interest earned and accumulated over time on deferred taxes). Both parties receive tax advantages and closure.

Commercial Business Transactions
This approach provides businesses with the tool they need to satisfactorily handle a plethora of transactions with advantages for all parties. Whenever there is a situation with one party seeking a current tax write-off and the other party seeking deferred compensation, this approach provides a beneficial resolution. Transactions include (but are not limited to):

* Mergers and acquisitions
* Commercial lease buyout/termination agreements
* Deferred compensation*
* Sale of business
* Compensation for agents*
* Sports/entertainment compensation*
* Attorneys' fees - Click here for new IRS guidelines regarding attorney’s’ fees
* Property disputes

*Recent legislation has created a new Section (409A) of the code establishing rules that will need to be followed in order to structure these types of compensation. Guidelines from the IRS are expected shortly.

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Structured settlement

Formally recognized by the federal government since 1983, structured settlement payments are specified in voluntary settlement agreements between and injury victims and defendant(s). A settlement payment or annuity comes as the result of a contract between a victim and a defendant whereby the injured victim receives a stream of tax-free settlement payments as an annuity tailored to meet their future needs instead of receiving one lump sum. Once a structured settlement payment agreement is reached, the plaintiff cannot make changes.